In Re Estate of Warden

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the presence or absence of a loss is determined by comparing the value of an asset at the time the trust is created with the value of the asset at the commencement of an action for surcharge
• stating that “[e]ven if there is a breach of duty, however, where there is no loss, there is no basis for a surcharge.”
• holding “[l]aches, similar to a statute of limitations, may -4- J-A19022-24 bar a party from seeking equitable relief after the lapse of a certain period, usually six years”
• stating that if an trust instrument is explicit as to the duty of care owed by the trustee, those terms should govern because the nature and extent of the duties of a trustee are primarily to be ascertained from the trust instrument
• relying on caselaw predating Pennsylvania’s 2006 codification of Uniform Trust Code
• “Where there is no breach of fiduciary duty, there is no basis for a surcharge.”

Source: CourtListener parenthetical corpus (CC0).